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13090I RESOLUTION NO. 13,090 2 3 A RESOLUTION TO AUTHORIZE A FRANCHISE FOR ACCESS ACROSS 4 CERTAIN CITY PROPERTY LOCATED ON EAST ROOSEVELT ROAD 5 ADJACENT TO THE PROPERTY AT 2323 EAST ROOSEVELT ROAD IN THE 6 CITY OF LITTLE ROCK, ARKANSAS, TO THE OWNER OF SUCH 7 PROPERTY; AND FOR OTHER PURPOSES. 8 9 WHEREAS, the City owns certain property on East Roosevelt Road that was formerly railroad right - 10 of -way and which it holds for drainage purposes, and 11 WHEREAS, a drainage pipe and paving was subsequently installed on the property, and 12 WHEREAS, the potential owners of the property at 2323 East Roosevelt Road, Ben Davis and 13 Diane Davis, that abuts the City property on the west side seeks the privilege to access warehouse 14 building and property at 2323 East Roosevelt by traveling over the City property, and 15 WHEREAS, the City will be enhanced by the warehouse property being put into active commercial 16 use and no harm is anticipated by allowing the owner of the warehouse property and its employees and 17 invitees to travel over the property to access the adjacent property; and, 18 WHEREAS, the Public Works Department has determined that a franchise for such a purpose does 19 not create a detrimental impact on public transportation or other services in the area now or in the future, 20 and 21 WHEREAS, the Board has determined that it is in the best interests of the City to authorize the 22 franchise for access to its abutting property and the City is willing to provide the requested franchise, 23 subject to the rights reserved by the railroad when it deeded the property to the City. 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 25 OF LITTLE ROCK, ARKANSAS: 26 Section 1. The City hereby grants a formal franchise to the Ben Davis and Diane Davis, as the 27 putative owners of property located at 2323 East Roosevelt Road, for access over the City property 28 described in Exhibit A to this resolution and depicted on the drawing shown in Exhibit B to this 29 resolution (the "Property "). 30 Section 2. This franchise is given subject to the rights reserved by the Chicago, Rock lsland and 31 Pacific Railroad Company for itself, its successors and assigns in its Quitclaim Deed to the City dated 32 May 16, 1963 and filed of record in the Pulaski County Circuit Clerk's Office beginning in Book 837, 33 Page 195. [PAGE 1 OF 4] RESOLUTION To authorize franchise at 2323 East Roosevelt 1 2 3 4 5 6 V 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 3. The franchise is also given subject to the condition that the City is not responsible for improvements on the Property, and that the franchisee shall be responsible for maintaining the drainage through the Property and making any repairs to the drainage system as directed by the City. Section 4. Because closing on the purchase of this property has not yet occurred, this franchise shall be held in escrow until such closing occurs, provided if the closing does not occur within one (1) year from the date of this resolution, then the grant of this franchise shall be null and void. Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the resolution. Section 6. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. ADOPTED: February 16, 2010 ATTEST: Toya obinson, AssisiUt City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City t orney // // RESOLUTION To authorize franchise at 2323 East Roosevelt APPROVED: Mark Stodola, Mayor [PAGE 2 OF 4] I EXHIBIT A 2 3 Legal Description 4 5 A parcel of land forty (40) feet in width and nine hundred sixteen (916) feet in 6 length, being a portion of the right -of -way and station grounds of the Chicago, 7 Rock Island and Pacific Railroad Company, located in the Northwest quarter 8 (NW 1/4) of the Northeast quarter (NE 1/4) of Section Thirteen (13), Township 9 One (1) North, Range Twelve (12) West, Pulaski County, Arkansas, the center 10 line of said property being more particularly described as follows: 11 12 Commencing at the Northwest corner of Section Thirteen (13); thence south 13 517 feet to a point in the south line of East Roosevelt Road, thence east along 14 said south line of East Roosevelt Road 2,579.65 feet to the Northeast corner of 15 the John Deere property; thence continue east 320 feet to the point of 16 beginning, being the center line of said property; thence south at right angles to 17 last described course 916 feet to the southerly right of way line of said 18 Railroad company. The above - described parcel contains eighty -four (0.84) 19 hundredths of an acre, more or less. 20 21 // 22 23 24 // 25 26 27 // 28 // 29 30 31 [PAGE 3 OF 4] RESOLUTION To authorize franchise at 2323 East Roosevelt 1 2 EXIIIBIT B RESOLUTION To authorize franchise at 2323 East Roosevelt [PAGE 4 OF 4] O ry N N O O ry m W (Y) N M N I N N ry N U C Cli a) (L) LL- 0 0 N C-] O O VI- C) O N